The Supreme Court today upheld, by a 6-2 vote, the EPA's cross-state air pollution rule.
Below are reactions from Center for Progressive Reform scholars Thomas O. McGarity and Victor Flatt.
According to McGarity:
After two decade's worth of litigation, the Supreme Court has finally held that EPA may require polluters in one state to protect air quality in downwind states through a sensible combination of emissions thresholds, cost-effective pollution reduction technologies, and emissions trading.
While this is good news to residents of downwind states, they cannot yet breathe easy. Much time has passed since EPA promulgated the "cross-state" rule in 2011, and both EPA and the states must now make up for lost time in putting the rule's protective provisions into place.
To achieve a successful implementation, EPA must resist the inevitable demands for exceptions, exemptions, and time extensions from upwind states that have thus far successfully forestalled the Clean Air Act's "good neighbor" policy.
According to Flatt:
The majority got it exactly right in reversing the DC Circuit Court and upholding the EPA's painstakingly crafted cross state air pollution rule. The majority was correct that the formula promulgated by the EPA was well within its statutory grant of authority and that the DC Circuit Court's opinion would have put an impossible burden on the EPA.
The majority was also correct in striking down the Circuit Court's requirement that the EPA give states guidance before overturning deficient state implementation plans. The Clean Air Act is clear that the EPA's promulgation of joint plans was required when EPA finds the state plans to be inadequate.
Most important is the effect of this opinion. It finally brings teeth to the requirement that states not allow their own pollution to cause other state air pollution violations. This will do more for clean air compliance than EPA's requirement to tighten NAAQS standards. Standards mean nothing unless they can be enforced. By controlling these criteria pollutants effectively, the program should also assist with greenhouse gas reduction.
Showing 2,829 results
Erin Kesler | April 29, 2014
The Supreme Court today upheld, by a 6-2 vote, the EPA’s cross-state air pollution rule. Below are reactions from Center for Progressive Reform scholars Thomas O. McGarity and Victor Flatt. According to McGarity: After two decade’s worth of litigation, the Supreme Court has finally held that EPA may require polluters in one state to protect […]
Joel A. Mintz | April 24, 2014
In a very thoughtful CPRBlog piece, dated April 14, 2014, Rena Steinzor presents a powerful critique of the enforcement aspects of EPA’s 2014-2018 Strategic Plan. As Professor Steinzor rightly points out, EPA’s projected cutbacks in source inspections, civil judicial enforcement, administrative enforcement actions, and other enforcement work will likely encourage air and water pollution by […]
Christine Klein | April 21, 2014
Landowners flooded by the Missouri River in 2011 have sued the Corps of Engineers for a Fifth Amendment “taking” under the U.S. Constitution. Their attorneys hope to rake in over $250 million in claims for their clients and at least $1 million in expenses and fees for themselves. They’re likely to be disappointed. Lawsuits seeking […]
Rena Steinzor | April 16, 2014
It’s basic common decency: If you know people are about to stumble into a dangerous situation without realizing the risk, you should try to warn them before harm occurs. For example, you might warn someone that a frying pan is hot before they pick it up or that a handrail is broken before they try […]
Rena Steinzor | April 15, 2014
It’s hard to find someone who is not appalled at the news that General Motors knew the ignition switches on some 2.6 million of its automobiles were defective and yet did nothing to fix the problem, instead recommending that its customers stop using keychains. It also lied repeatedly to its regulator, the National Highway Traffic […]
Rena Steinzor | April 14, 2014
Since the year began, the Environmental Protection Agency has resolved enforcement actions against 12 different companies in the Chesapeake region for failure to comply with environmental laws. In one case, EPA found that the U.S. Army had failed to inspect more than a dozen underground tanks at one of its Virginia military bases containing hundreds […]
Erin Kesler | April 9, 2014
Yesterday, The Hill published an opinion piece by CPR scholars Christine Klein and Sandra Zellmer. According to the piece: President Obama recently signed a controversial bill that will directly affect the safety of millions of Americans. The fine print is so complicated, though, that it’s hard to predict exactly how our safety will be affected. Some say that the […]
James Goodwin | April 9, 2014
This week the Office of Information and Regulatory Affairs (OIRA)—the obscure White House Office charged with reviewing and approving agencies’ regulations—took an important and much-appreciated step in the direction of greater transparency by updating and improving its electronic database of lobbying meetings records that the agency holds with outside groups concerning the rules undergoing review. […]
Erin Kesler | April 3, 2014
Today, CPR Senior Policy Analyst Matthew Shudtz will be testifying at OSHA’s hearing on the proposed silica rule. According to Shudtz: The testimony raises some concerns about how OSHA arrived at its proposal to provide limited medical surveillance for silica-exposed workers. It also covers issues related to enforcement and small business impacts. But most importantly, […]